Pure Magnesium From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2011-2012, 94-96 [2013-31412]

Download as PDF 94 Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Notices Dated: December 24, 2013. Yvette S. Jackson, Acting Administrator, Food and Nutrition Service. [FR Doc. 2013–31359 Filed 12–31–13; 8:45 am] BILLING CODE 3410–30–P DEPARTMENT OF COMMERCE Bureau of Industry and Security Information Systems Technical Advisory Committee; Notice of Partially Closed Meeting 2013, pursuant to Section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. app. 2 § (10)(d))), that the portion of the meeting concerning trade secrets and commercial or financial information deemed privileged or confidential as described in 5 U.S.C. 552b(c)(4) and the portion of the meeting concerning matters the disclosure of which would be likely to frustrate significantly implementation of an agency action as described in 5 U.S.C. 552b(c)(9)(B) shall be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 §§ 10(a)(1) and 10(a)(3). The remaining portions of the meeting will be open to the public. For more information, call Yvette Springer at (202) 482–2813. A limited number of seats will be available during the public session of the meeting. Reservations are not accepted. To the extent that time permits, members of the public may present oral statements to the Committee. The public may submit written statements at any time before or after the meeting. However, to facilitate distribution of public presentation materials to the Committee members, the Committee suggests that the materials be forwarded before the meeting to Ms. Springer. The Assistant Secretary for Administration, with the concurrence of the General Counsel, formally determined on September 23, 2013 pursuant to Section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. app. 2 § 10(d), that the portion of this meeting dealing with pre-decisional changes to the Commerce Control List and U.S. export control policies shall be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 §§ 10(a)(1) and 10(a)(3). The remaining portions of the meeting will be open to the public. For more information contact Yvette Springer on (202) 482–2813. The Information Systems Technical Advisory Committee (ISTAC) will meet on January 22 and 23, 2014, 9:00 a.m., in the Herbert C. Hoover Building, Room 3884, 14th Street between Constitution and Pennsylvania Avenues NW., Washington, DC. The Committee advises the Office of the Assistant Secretary for Export Administration on technical questions that affect the level of export controls applicable to information systems equipment and technology. Dated: December 23, 2013. Yvette Springer, Committee Liaison Officer. Wednesday, January 22 Bureau of Industry And Security Open Session Sensors and Instrumentation Technical Advisory Committee; Notice of Partially Closed Meeting Dated: December 23, 2013. Yvette Springer, Committee Liaison Officer. The Sensors and Instrumentation Technical Advisory Committee (SITAC) will meet on January 28, 2014, 9:30 a.m., in the Herbert C. Hoover Building, Room 6087B, 14th Street between Constitution and Pennsylvania Avenues NW., Washington, DC. The Committee advises the Office of the Assistant Secretary for Export Administration on technical questions that affect the level of export controls applicable to sensors and instrumentation equipment and technology. [FR Doc. 2013–31419 Filed 12–31–13; 8:45 am] Agenda AGENCY: 1. Welcome and Introductions. 2. Working Group Reports. 3. Industry Presentations. 4. New Business. Thursday, January 23 maindgalligan on DSK5TPTVN1PROD with NOTICES Closed Session 5. Discussion of matters determined to be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 §§ 10(a)(1) and 10(a)(3). The open session will be accessible via teleconference to 20 participants on a first come, first serve basis. To join the conference, submit inquiries to Ms. Yvette Springer at Yvette.Springer@ bis.doc.gov, no later than January 15, 2014. A limited number of seats will be available for the public session. Reservations are not accepted. To the extent time permits, members of the public may present oral statements to the Committee. The public may submit written statements at any time before or after the meeting. However, to facilitate distribution of public presentation materials to Committee members, the Committee suggests that public presentation materials or comments be forwarded before the meeting to Ms. Springer. The Assistant Secretary for Administration, with the concurrence of the delegate of the General Counsel, formally determined on December 5, VerDate Mar<15>2010 17:20 Dec 31, 2013 Jkt 232001 [FR Doc. 2013–31418 Filed 12–31–13; 8:45 am] BILLING CODE 3510–JT–P DEPARTMENT OF COMMERCE Public Session 1. Welcome and Introductions. 2. Remarks from the Bureau of Industry and Security Management. 3. Industry Presentations. 4. New Business. Closed Session 5. Discussion of matters determined to be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 §§ 10(a)(1) and 10(a)(3). The open session will be accessible via teleconference to 20 participants on a first come, first serve basis. To join the conference, submit inquiries to Ms. Yvette Springer at Yvette.Springer@ bis.doc.gov no later than January 21, 2014. PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 BILLING CODE P DEPARTMENT OF COMMERCE International Trade Administration [A–570–832] Pure Magnesium From the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2011–2012 Enforcement and Compliance, formerly Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On June 10, 2013, the Department of Commerce (‘‘Department’’) published the Preliminary Results of the 2011–2012 administrative review of the antidumping duty order on pure magnesium from the People’s Republic of China (‘‘PRC’’).1 The period of review 1 See Pure Magnesium from the People’s Republic of China: Preliminary Results of 2011–2012 Antidumping Duty Administrative Review, 78 FR 34646 (June 10, 2013) (‘‘Preliminary Results’’) and accompanying Memorandum to Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration, titled ‘‘Decision Memorandum for Preliminary Results of 2011–2012 Antidumping Duty Administrative Review: Pure Magnesium from E:\FR\FM\02JAN1.SGM 02JAN1 95 Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Notices (‘‘POR’’) is May 1, 2011, through April 30, 2012. This review covers one exporter of subject merchandise, Tianjin Magnesium Metal Co., Ltd. (‘‘TMM’’) and Tianjin Magnesium International Co., Ltd. (‘‘TMI’’) (collectively, ‘‘TMM/ TMI’’).2 We invited interested parties to comment on our Preliminary Results. Based on our analysis of the comments received, we made certain changes to our margin calculations for TMM/TMI. The final dumping margin for this review is listed in the ‘‘Final Results’’ section below. DATES: Effective Date: January 2, 2014. FOR FURTHER INFORMATION CONTACT: Brendan Quinn or Andrew Medley, AD/ CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–5848 or (202) 482– 4987, respectively. Background maindgalligan on DSK5TPTVN1PROD with NOTICES On June 10, 2013, the Department published its Preliminary Results of the antidumping duty administrative review of pure magnesium from the PRC. Petitioner and TMM/TMI submitted publicly available information regarding surrogate values on July 15, 2013, and rebuttal surrogate value information on July 25, 2013.3 Petitioner and TMM/TMI submitted case briefs on August 8, 2013, and rebuttal briefs on August 15, 2013.4 the People’s Republic of China,’’ dated May 31, 2013 (‘‘Preliminary Decision Memorandum’’). 2 In the Preliminary Results, the Department referred to ‘‘TMM/TMI’’ as ‘‘TMM/Company A,’’ due to the treatment of TMM’s affiliation with TMI as business proprietary information. Subsequent to the Preliminary Results, TMM publicly disclosed its relationship with TMI, and the affiliation between the two parties was made public for the remainder of this proceeding. See Memorandum to the File, from Brendan Quinn, International Trade Compliance Analyst, titled, ‘‘Memorandum Regarding the Public Treatment of Affiliation Information Previously Bracketed as Proprietary,’’ dated June 25, 2013. This collapsing determination is sustained for the final results. See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, titled, ‘‘2011–2012 Administrative Review of the Antidumping Duty Order on Pure Magnesium from the People’s Republic of China: Preliminary Affiliation and Collapsing Memorandum,’’ dated May 31, 2013 (‘‘Affiliation and Collapsing Memorandum’’). The collapsing decision is unchanged for these final results. See Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, titled, ‘‘Pure Magnesium from the People’s Republic of China: Issues and Decision Memorandum for the Final Results of the 2011–2012 Administrative Review of the Antidumping Duty Order,’’ dated concurrently with this notice (‘‘Issues and Decision Memorandum’’) at Comment 5. 3 Petitioner is the Aluminum Extrusions Fair Trade Committee. 4 At the Department’s request, TMM/TMI removed certain new factual information from its VerDate Mar<15>2010 17:20 Dec 31, 2013 Jkt 232001 As explained in the memorandum from the Assistant Secretary for Enforcement and Compliance, the Department exercised its discretion to toll deadlines for the duration of the closure of the Federal Government from October 1, through October 16, 2013.5 Therefore, all deadlines in this segment of the proceeding have been extended by 16 days. If the new deadline falls on a non-business day, in accordance with the Department’s practice, the deadline will become the next business day. The revised deadline for the final results of this review is now December 26, 2013. Scope of the Order Merchandise covered by the Order 6 is pure magnesium regardless of chemistry, form or size, unless expressly excluded from the scope of the order. Pure magnesium is a metal or alloy containing by weight primarily the element magnesium and produced by decomposing raw materials into magnesium metal.7 Pure magnesium products covered by the order are currently classifiable under Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) subheadings 8104.11.00, 8104.19.00, 8104.20.00, 8104.30.00, 8104.90.00, 3824.90.11, 3824.90.19 and 9817.00.90. Although the HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope is dispositive. Analysis of Comments Received All issues raised in the case and rebuttal briefs filed by parties in this review are addressed in the Issues and Decision Memorandum, which is hereby adopted by this notice. A list of the issues that parties raised and to which we responded in the Issues and Decision Memorandum follows as an appendix to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (‘‘IA ACCESS’’). IA ACCESS is available to registered users at https:// rebuttal brief and resubmitted its revised rebuttal case brief on September 25, 2013. 5 See Memorandum for the Record from Paul Piquado, Assistant Secretary for Enforcement and Compliance, titled ‘‘Deadlines Affected by the Shutdown of the Federal Government,’’ dated October 18, 2013. 6 See Notice of Antidumping Duty Orders: Pure Magnesium From the People’s Republic of China, the Russian Federation and Ukraine; Notice of Amended Final Determination of Sales at Less Than Fair Value: Antidumping Duty Investigation of Pure Magnesium From the Russian Federation, 60 FR 25691 (May 12, 1995) (‘‘Order’’). 7 See Issues and Decision Memorandum for a full description of the Scope of the Order. PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 iaaccess.trade.gov and in the Central Records Unit, room 7046 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the Internet at https://enforcement.trade.gov/frn/. The paper copy and electronic version of the Issues and Decision Memorandum are identical in content. Separate Rates In the Preliminary Results, we found that TMM/TMI demonstrated its eligibility for separate-rate status.8 No party has placed any evidence on the record of this review to contradict that finding. Therefore, we continue to find that TMM/TMI is eligible for separaterate status. Changes Since the Preliminary Results Based on an analysis of the comments received, for the final results, the Department made the following change to TMM/TMI’s margin calculation: • Surrogate Value for Input Magnesium Scrap: We have used Serbian import data for ‘‘magnesium waste and scrap’’ to value the magnesium alloy scrap input.9 • Surrogate Financial Ratios: We have used the 2011 financial statements for SOH Technologies Corp. and New Anchor Foundry Shop Co. to calculate average surrogate financial ratios.10 Final Results We determine that the following weighted-average dumping margin exists for the POR: Exporter Tianjin Magnesium International Co., Ltd 11. Weighted-average margin 0.03 percent (de minimis). 8 See Preliminary Results, and accompanying Preliminary Decision Memorandum at 7. 9 See Memorandum to the File from Andrew Medley, International Trade Compliance Analyst, titled ‘‘Final Results of the 2011–2012 Administrative Review of the Antidumping Duty Order on Pure Magnesium from the People’s Republic of China: Surrogate Value Memorandum,’’ dated December 26, 2013 (‘‘Surrogate Value Memorandum’’), and Memorandum to the File from Andrew Medley, International Trade Compliance Analyst, titled ‘‘2011–2012 Administrative Review of the Antidumping Duty Order on Pure Magnesium from the People’s Republic of China: Analysis of the Final Results Margin Calculation for TMM/TMI,’’ dated December 26, 2013 (‘‘TMM/TMI Final Analysis Memorandum’’). See also, Issues and Decision Memorandum at Comment 2. 10 See Surrogate Value Memorandum and TMM/ TMI Final Analysis Memorandum. See also, Issues and Decision Memorandum at Comment 3. E:\FR\FM\02JAN1.SGM 02JAN1 96 Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Notices Assessment Rates maindgalligan on DSK5TPTVN1PROD with NOTICES The Department will determine, and U.S. Customs and Border Protection (‘‘CBP’’) shall assess, antidumping duties on all appropriate entries covered by this review. The Department intends to issue assessment instructions to CBP 15 days after the publication date of these final results of this review. In accordance with 19 CFR 351.212(b)(1), we are calculating importer- (or customer-) specific assessment rates for the merchandise subject to this review. For any individually examined respondent whose weighted-average dumping margin is above de minimis (i.e., 0.50 percent), the Department will calculate importer-specific assessment rates on the basis of the ratio of the total amount of dumping calculated for the importer’s examined sales and the total entered value of sales.12 We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importerspecific assessment rate is above de minimis. Where either the respondent’s weighted-average dumping margin is zero or de minimis, or an importerspecific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. The Department recently announced a refinement to its assessment practice in NME cases.13 Pursuant to this refinement in practice, for entries that were not reported in the U.S. sales databases submitted by companies individually examined during this review, the Department will instruct CBP to liquidate such entries at the NME-wide rate. In addition, if the Department determines that an exporter under review had no shipments of the subject merchandise, any suspended entries that entered under that exporter’s case number (i.e., at that exporter’s rate) will be liquidated at the NME-wide rate. For a full discussion of this practice, see NME Antidumping Proceedings. 11 For these final results, the Department has collapsed Tianjin Magnesium International Co., Ltd. and Tianjin Magnesium Metal Co., Ltd. As a result of this collapsing, the cash deposit rate for shipments of pure magnesium from the People’s Republic of China exported by Tianjin Magnesium International Co., Ltd. also applies to exports of this merchandise by Tianjin Magnesium Metal Co., Ltd. 12 See Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 2012). 13 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011) (‘‘NME Antidumping Proceedings’’). VerDate Mar<15>2010 17:20 Dec 31, 2013 Jkt 232001 Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) For TMM/TMI, the cash deposit rate will be zero; (2) for previously investigated or reviewed PRC and non-PRC exporters not listed above that have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recent period; (3) for all PRC exporters of subject merchandise which have not been found to be entitled to a separate rate, the cash deposit rate will be the PRC-wide rate of 111.73 percent; and (4) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter that supplied that nonPRC exporter. These deposit requirements shall remain in effect until further notice. Notification to Importers This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of the antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification to Interested Parties This notice also serves as a reminder to parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Disclosure We will disclose the calculations performed within five days of the date of publication of this notice to parties in this proceeding, in accordance with 19 CFR 351.224(b). PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 We are issuing and publishing the final results and notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: December 26, 2013. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Appendix Comment 1: Surrogate Country Comment 2: Surrogate Value for Input Magnesium Scrap Comment 3: Surrogate Financial Statements Comment 4: Whether Alleged Translation Errors and Omissions Warrant an Adverse Inference Comment 5: Whether the Department Should Collapse TMM and TMI and therefore Assign a Single AD Rate to the Collapsed Entity Comment 6: Whether To Identify the Collapsed Affiliate in Customs Instructions Comment 7: Updating the PRC-Wide Rate [FR Doc. 2013–31412 Filed 12–31–13; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE International Trade Administration [A–570–967] Aluminum Extrusions From the People’s Republic of China: Final Results of Antidumping Duty Administrative Review and Rescission, in Part, 2010/12 Enforcement and Compliance, formerly Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘the Department’’) is conducting an administrative review of the antidumping duty order on aluminum extrusions from the People’s Republic of China (‘‘PRC’’). The period of review (‘‘POR’’) is November 12, 2010, through April 30, 2012. These final results cover 62 companies for which an administrative review was initiated,1 and for which this administrative review was not rescinded in the Preliminary Results.2 For these final AGENCY: 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 77 FR 40565 (July 10, 2012) (‘‘Initiation Notice’’). In the Initiation Notice, 67 companies are listed. However, there were entries for Taishan City Kam Kiu Aluminum Extrusion Co., Ltd. and Taishan City Kam Kiu Aluminium Extrusion Co., Ltd. which appear to be the same entity, with the result that the Department considers the Initiation Notice to cover 66 companies. 2 See Aluminum Extrusions From the People’s Republic of China: Preliminary Results of E:\FR\FM\02JAN1.SGM 02JAN1

Agencies

[Federal Register Volume 79, Number 1 (Thursday, January 2, 2014)]
[Notices]
[Pages 94-96]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-31412]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-832]


Pure Magnesium From the People's Republic of China: Final Results 
of Antidumping Duty Administrative Review; 2011-2012

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce.
SUMMARY: On June 10, 2013, the Department of Commerce (``Department'') 
published the Preliminary Results of the 2011-2012 administrative 
review of the antidumping duty order on pure magnesium from the 
People's Republic of China (``PRC'').\1\ The period of review

[[Page 95]]

(``POR'') is May 1, 2011, through April 30, 2012. This review covers 
one exporter of subject merchandise, Tianjin Magnesium Metal Co., Ltd. 
(``TMM'') and Tianjin Magnesium International Co., Ltd. (``TMI'') 
(collectively, ``TMM/TMI'').\2\ We invited interested parties to 
comment on our Preliminary Results. Based on our analysis of the 
comments received, we made certain changes to our margin calculations 
for TMM/TMI. The final dumping margin for this review is listed in the 
``Final Results'' section below.
---------------------------------------------------------------------------

    \1\ See Pure Magnesium from the People's Republic of China: 
Preliminary Results of 2011-2012 Antidumping Duty Administrative 
Review, 78 FR 34646 (June 10, 2013) (``Preliminary Results'') and 
accompanying Memorandum to Ronald K. Lorentzen, Acting Assistant 
Secretary for Import Administration, titled ``Decision Memorandum 
for Preliminary Results of 2011-2012 Antidumping Duty Administrative 
Review: Pure Magnesium from the People's Republic of China,'' dated 
May 31, 2013 (``Preliminary Decision Memorandum'').
    \2\ In the Preliminary Results, the Department referred to 
``TMM/TMI'' as ``TMM/Company A,'' due to the treatment of TMM's 
affiliation with TMI as business proprietary information. Subsequent 
to the Preliminary Results, TMM publicly disclosed its relationship 
with TMI, and the affiliation between the two parties was made 
public for the remainder of this proceeding. See Memorandum to the 
File, from Brendan Quinn, International Trade Compliance Analyst, 
titled, ``Memorandum Regarding the Public Treatment of Affiliation 
Information Previously Bracketed as Proprietary,'' dated June 25, 
2013. This collapsing determination is sustained for the final 
results. See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
titled, ``2011-2012 Administrative Review of the Antidumping Duty 
Order on Pure Magnesium from the People's Republic of China: 
Preliminary Affiliation and Collapsing Memorandum,'' dated May 31, 
2013 (``Affiliation and Collapsing Memorandum''). The collapsing 
decision is unchanged for these final results. See Memorandum to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
titled, ``Pure Magnesium from the People's Republic of China: Issues 
and Decision Memorandum for the Final Results of the 2011-2012 
Administrative Review of the Antidumping Duty Order,'' dated 
concurrently with this notice (``Issues and Decision Memorandum'') 
at Comment 5.

---------------------------------------------------------------------------
DATES: Effective Date: January 2, 2014.

FOR FURTHER INFORMATION CONTACT: Brendan Quinn or Andrew Medley, AD/CVD 
Operations, Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
5848 or (202) 482-4987, respectively.

Background

    On June 10, 2013, the Department published its Preliminary Results 
of the antidumping duty administrative review of pure magnesium from 
the PRC. Petitioner and TMM/TMI submitted publicly available 
information regarding surrogate values on July 15, 2013, and rebuttal 
surrogate value information on July 25, 2013.\3\ Petitioner and TMM/TMI 
submitted case briefs on August 8, 2013, and rebuttal briefs on August 
15, 2013.\4\
---------------------------------------------------------------------------

    \3\ Petitioner is the Aluminum Extrusions Fair Trade Committee.
    \4\ At the Department's request, TMM/TMI removed certain new 
factual information from its rebuttal brief and resubmitted its 
revised rebuttal case brief on September 25, 2013.
---------------------------------------------------------------------------

    As explained in the memorandum from the Assistant Secretary for 
Enforcement and Compliance, the Department exercised its discretion to 
toll deadlines for the duration of the closure of the Federal 
Government from October 1, through October 16, 2013.\5\ Therefore, all 
deadlines in this segment of the proceeding have been extended by 16 
days. If the new deadline falls on a non-business day, in accordance 
with the Department's practice, the deadline will become the next 
business day. The revised deadline for the final results of this review 
is now December 26, 2013.
---------------------------------------------------------------------------

    \5\ See Memorandum for the Record from Paul Piquado, Assistant 
Secretary for Enforcement and Compliance, titled ``Deadlines 
Affected by the Shutdown of the Federal Government,'' dated October 
18, 2013.
---------------------------------------------------------------------------

Scope of the Order

    Merchandise covered by the Order \6\ is pure magnesium regardless 
of chemistry, form or size, unless expressly excluded from the scope of 
the order. Pure magnesium is a metal or alloy containing by weight 
primarily the element magnesium and produced by decomposing raw 
materials into magnesium metal.\7\ Pure magnesium products covered by 
the order are currently classifiable under Harmonized Tariff Schedule 
of the United States (``HTSUS'') subheadings 8104.11.00, 8104.19.00, 
8104.20.00, 8104.30.00, 8104.90.00, 3824.90.11, 3824.90.19 and 
9817.00.90. Although the HTSUS subheadings are provided for convenience 
and customs purposes, our written description of the scope is 
dispositive.
---------------------------------------------------------------------------

    \6\ See Notice of Antidumping Duty Orders: Pure Magnesium From 
the People's Republic of China, the Russian Federation and Ukraine; 
Notice of Amended Final Determination of Sales at Less Than Fair 
Value: Antidumping Duty Investigation of Pure Magnesium From the 
Russian Federation, 60 FR 25691 (May 12, 1995) (``Order'').
    \7\ See Issues and Decision Memorandum for a full description of 
the Scope of the Order.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by parties 
in this review are addressed in the Issues and Decision Memorandum, 
which is hereby adopted by this notice. A list of the issues that 
parties raised and to which we responded in the Issues and Decision 
Memorandum follows as an appendix to this notice. The Issues and 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (``IA ACCESS''). IA ACCESS is 
available to registered users at https://iaaccess.trade.gov and in the 
Central Records Unit, room 7046 of the main Department of Commerce 
building. In addition, a complete version of the Issues and Decision 
Memorandum can be accessed directly on the Internet at https://enforcement.trade.gov/frn/. The paper copy and electronic version of 
the Issues and Decision Memorandum are identical in content.

Separate Rates

    In the Preliminary Results, we found that TMM/TMI demonstrated its 
eligibility for separate-rate status.\8\ No party has placed any 
evidence on the record of this review to contradict that finding. 
Therefore, we continue to find that TMM/TMI is eligible for separate-
rate status.
---------------------------------------------------------------------------

    \8\ See Preliminary Results, and accompanying Preliminary 
Decision Memorandum at 7.
---------------------------------------------------------------------------

Changes Since the Preliminary Results

    Based on an analysis of the comments received, for the final 
results, the Department made the following change to TMM/TMI's margin 
calculation:
     Surrogate Value for Input Magnesium Scrap: We have used 
Serbian import data for ``magnesium waste and scrap'' to value the 
magnesium alloy scrap input.\9\
---------------------------------------------------------------------------

    \9\ See Memorandum to the File from Andrew Medley, International 
Trade Compliance Analyst, titled ``Final Results of the 2011-2012 
Administrative Review of the Antidumping Duty Order on Pure 
Magnesium from the People's Republic of China: Surrogate Value 
Memorandum,'' dated December 26, 2013 (``Surrogate Value 
Memorandum''), and Memorandum to the File from Andrew Medley, 
International Trade Compliance Analyst, titled ``2011-2012 
Administrative Review of the Antidumping Duty Order on Pure 
Magnesium from the People's Republic of China: Analysis of the Final 
Results Margin Calculation for TMM/TMI,'' dated December 26, 2013 
(``TMM/TMI Final Analysis Memorandum''). See also, Issues and 
Decision Memorandum at Comment 2.
---------------------------------------------------------------------------

     Surrogate Financial Ratios: We have used the 2011 
financial statements for SOH Technologies Corp. and New Anchor Foundry 
Shop Co. to calculate average surrogate financial ratios.\10\
---------------------------------------------------------------------------

    \10\ See Surrogate Value Memorandum and TMM/TMI Final Analysis 
Memorandum. See also, Issues and Decision Memorandum at Comment 3.
---------------------------------------------------------------------------

Final Results

    We determine that the following weighted-average dumping margin 
exists for the POR:

------------------------------------------------------------------------
                 Exporter                      Weighted-average margin
------------------------------------------------------------------------
Tianjin Magnesium International Co., Ltd    0.03 percent (de minimis).
 \11\.
------------------------------------------------------------------------


[[Page 96]]

Assessment Rates

    The Department will determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries covered by this review. The Department intends to 
issue assessment instructions to CBP 15 days after the publication date 
of these final results of this review. In accordance with 19 CFR 
351.212(b)(1), we are calculating importer- (or customer-) specific 
assessment rates for the merchandise subject to this review. For any 
individually examined respondent whose weighted-average dumping margin 
is above de minimis (i.e., 0.50 percent), the Department will calculate 
importer-specific assessment rates on the basis of the ratio of the 
total amount of dumping calculated for the importer's examined sales 
and the total entered value of sales.\12\ We will instruct CBP to 
assess antidumping duties on all appropriate entries covered by this 
review when the importer-specific assessment rate is above de minimis. 
Where either the respondent's weighted-average dumping margin is zero 
or de minimis, or an importer-specific assessment rate is zero or de 
minimis, we will instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties.
---------------------------------------------------------------------------

    \11\ For these final results, the Department has collapsed 
Tianjin Magnesium International Co., Ltd. and Tianjin Magnesium 
Metal Co., Ltd. As a result of this collapsing, the cash deposit 
rate for shipments of pure magnesium from the People's Republic of 
China exported by Tianjin Magnesium International Co., Ltd. also 
applies to exports of this merchandise by Tianjin Magnesium Metal 
Co., Ltd.
    \12\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012).
---------------------------------------------------------------------------

    The Department recently announced a refinement to its assessment 
practice in NME cases.\13\ Pursuant to this refinement in practice, for 
entries that were not reported in the U.S. sales databases submitted by 
companies individually examined during this review, the Department will 
instruct CBP to liquidate such entries at the NME-wide rate. In 
addition, if the Department determines that an exporter under review 
had no shipments of the subject merchandise, any suspended entries that 
entered under that exporter's case number (i.e., at that exporter's 
rate) will be liquidated at the NME-wide rate. For a full discussion of 
this practice, see NME Antidumping Proceedings.
---------------------------------------------------------------------------

    \13\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (``NME 
Antidumping Proceedings'').
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise from the PRC entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For TMM/TMI, the 
cash deposit rate will be zero; (2) for previously investigated or 
reviewed PRC and non-PRC exporters not listed above that have separate 
rates, the cash deposit rate will continue to be the exporter-specific 
rate published for the most recent period; (3) for all PRC exporters of 
subject merchandise which have not been found to be entitled to a 
separate rate, the cash deposit rate will be the PRC-wide rate of 
111.73 percent; and (4) for all non-PRC exporters of subject 
merchandise which have not received their own rate, the cash deposit 
rate will be the rate applicable to the PRC exporter that supplied that 
non-PRC exporter. These deposit requirements shall remain in effect 
until further notice.

Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of the antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return/destruction 
of APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.

Disclosure

    We will disclose the calculations performed within five days of the 
date of publication of this notice to parties in this proceeding, in 
accordance with 19 CFR 351.224(b).
    We are issuing and publishing the final results and notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: December 26, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix

    Comment 1: Surrogate Country
    Comment 2: Surrogate Value for Input Magnesium Scrap
    Comment 3: Surrogate Financial Statements
    Comment 4: Whether Alleged Translation Errors and Omissions 
Warrant an Adverse Inference
    Comment 5: Whether the Department Should Collapse TMM and TMI 
and therefore Assign a Single AD Rate to the Collapsed Entity
    Comment 6: Whether To Identify the Collapsed Affiliate in 
Customs Instructions
    Comment 7: Updating the PRC-Wide Rate

[FR Doc. 2013-31412 Filed 12-31-13; 8:45 am]
BILLING CODE P

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